The Second Circuit has determined that acquiescence to torture by any official is sufficient to warrant protection under the Convention Against Torture. “Where, as here, the primary perpetrator of likely harm is a gang, the relevant state action question (should the BIA reach it) is whether any public official, or any other person, including low-level local police officers, when acting under color of law, will participate or acquiesce in harm that the gang is likely to inflict and that is recognized as torture under section 1208.18(a).”

The full text of Garcia-Aranda v. Garland can be found here:

https://www.ca2.uscourts.gov/decisions/isysquery/b71fbe28-045a-4166-b765-a790b8752b29/6/doc/18-2281_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/b71fbe28-045a-4166-b765-a790b8752b29/6/hilite/

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